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Patna High CourtCWJC/12939/2019disposed

Naveen Kumar Singh v. The State Of Bihar

2019-07-01Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12939 of 2019 ====================================================== Naveen Kumar Singh S/o Sri Dinesh Kumar Singh Resident of At and PO Dhanushi,P.S. Runni Saidpur,Dist.Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary,Education Department,Govt. of Bihar,Patna 2.

The Director,Primary Education, Education Department Govt. of Bihar,Patna 3.

The District Magistrate, Samastipur,Dist.Samastipur 4.

The District Education Officer, Samastipur,Dist.Samastipur. 5.

The District Programme Officer (Esteablishment), Samastipur,Dist.Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv.

For the Respondent/s :

Mr. Samir Kumar, AC to SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner has filed the present writ petition for direction to the respondent authorities to consider the services of the petitioner for his designation as "Graduate Grade" (Block) Teacher in accordance with the Rule 4(ii) read with Rule 18 of Bihar Panchayat Primary Teacher (Employment and Service Condition) Rules, 2012.

Learned counsel for the petitioner submits that Bihar Panchayat Primary Teacher (Employment and Service Condition) Rules, 2012 recognise three grade of Teachers, Basic

Patna High Court CWJC No.12939 of 2019(2) dt.01-07-2019 2/3 grade trained and Headmaster. Notwithstanding classification of teacher as basic grade, graduate and headmaster the respondents are not granting the status of graduate trained teacher to the petitioner and petitioner was appointed as Shiksha Mitra subsequently by Rule of operative of 20 of 2006 Rules the petitioner service was absorbed as Panchayat Shikshak in 2006. The service condition rule was framed in 2012 with a view to grant benefit to Panchayat Shikshak in terms of the rule but unfortunately due to lack of decision on the part of the respondents the benefit as to graduate teachers has not been granted to the petitioner.

Learned counsel for the petitioner has placed reliance on the decision of Division Bench judgment of LPA No. 945 of 2015 wherein a division Bench of this Court has issued direction to the Director Primary Education to take appropriate decision in the light of the 2012 Rules.

Considering the aforesaid, the present writ petition is disposed of with a direction to the Director Primary Education to consider the case of the petitioner for the grant of status of graduate teacher with all consequential benefits in terms of 2012 Rules at the earliest preferably within a period of 60 days from the date of receipt/production of copy of this order.

Patna High Court CWJC No.12939 of 2019(2) dt.01-07-2019 3/3 It is made clear that the respondents have to take decision strictly in accordance with the service condition rules. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U